Oppose Same Sex Marriage
Uploaded by gregsnipe on Mar 06, 2007
Oppose Same Sex Marriages because it is not a right
A same sex marriage is not a right. While the proponents of same sex marriages usually site Section I of the Fourteenth Amendment of the Constitution (US Constitution, 1868), there isn’t a clear description of the fundamental liberty so this amendment does not apply. The due process clause of the Fourteenth Amendment applies strict-scrutiny only to fundamental rights, so it must be decided what right is at issue and it must be specific. In the case of same-sex marriage, the right that is being questioned is specifically the right to same-sex marriage, not marriage in general. To define the same sex marriage issue as “the right to marriage” would be too general, and is not a strict-scrutiny or specific analysis of the correct fundamental right. After reading several Supreme Court cases (Supreme Court Collection, 2004) it is understood that this is the second piece of the puzzle that must be clear before rendering a decision. What is the specific right, is it a fundamental right, and does the Fourteenth Amendment apply? Therefore it is noted that the same sex marriage proponents have not satisfied this second requirement and to present the narrowly defined right of same-sex marriage to the Supreme Court would require a different argument than the due process clause of the Fourteenth Amendment.
As for the first requirement in a Supreme Court decision, the Supreme Court has upheld in many cases that “emphasiz[ing] the importance of examining our nation’s history and tradition in determining fundamental rights.” (Washington v Glucksberg, January 8, 1997). Not only does marriage have a long history and tradition, it has always had importance in our nation’s history. Where would John F. Kennedy have been without Jackie? How about Ronald Reagan without Nancy? Bill Clinton may not have become President without Hillary. I have spoken with some people that voted for him solely because of his wife. How many same-sex partnerships have created tradition for our country? Until recently, when taken in the context of our country’s time line, homosexual behavior was a problem not a lifestyle. Homosexuals were not open about their preferences or behavior for whatever reason. These two items alone bear out the fact that same sex partnerships do not have history or tradition in our country. ...